Anand v. State of Haryana & Others State of Haryana & Others
Case Details
CRWP-12323-2024 2024 (O&M) -1- 105 IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH AT CHANDIGARH CRWP CRWP-12323-2024 (O&M) Date of Decision : 10.02.2025 Date of Decision : Anand ....Petitioner VERSUS State of Haryana & Others State of Haryana & Others ....Respondents CORAM : HON’BLE SUDEEPTI SHARMA HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Mr. P.S.Datta, Sr. Advocate with Present: Mr. P.S.Datta, Sr. Advocate with Ms. Aparna Singhal and Mr. Pawan, Advocates Ms. Aparna Singhal and Mr. Pawan, Advocates Ms. Aparna Singhal and Mr. Pawan, Advocates for the petitioner. for the petitioner. Haryana. Ms. Mahima Yashpal, DAG Haryana. Ms. Mahima Yashpal, DAG -.- SUDEEPTI SHARMA, J. (Oral) SUDEEPTI SHARMA 1. The present petition is for issuance of directions to respondents to The present petition is for issuance of directions to respondents to The present petition is for issuance of directions to respondents to The present petition is for issuance of directions to respondents to Convicted and Sentenced to Life Imprisonment in grant parole to the petitioner Convicted and Sentenced to Life Imprisonment in Convicted and Sentenced to Life Imprisonment in grant parole to the petitioner
Legal Reasoning
6 of POCSO FIR No.0042/2019 under Sections 376(3), 506 of IPC and Section 6 of POCSO FIR No.0042/2019 under Sections 376(3), 506 of IPC and Section FIR No.0042/2019 under Sections 376(3), 506 of IPC and Section of conviction at PS Women Police Station, Bhiwani Act vide judgment of conviction at PS Women Police Station, Bhiwani Act vide judgment registered at PS Women Police Station, Bhiwani Act vide judgment dated 04.08.2022 affirmed by this Court vide judgment and order of sentence dated 04.08.2022 affirmed by this Court vide judgment dated 04.08.2022 affirmed by this Court vide judgment and order of sentence dated 26.07.2023, for a period of 15 days fr dated 26.07.2023 rom 03.01.2025 to solemnize h his marriage schedu uled on 05.01.2025. 2. On n 19.12.2024, the State was direc cted to file the detailed status repo ort in the present case and the case was adjourn ned to today i.e. for 10.02.202 25. Thereafter, the petitioner filed an application b bearing No.CRM-W-166-2025 f for amending the p prayer in the main petition to the from e extent of release on parole from heduled for 25.02.2025. 21.02.2025 to 07.03.2025 to solemnize his marriage re-scheduled for 25.02.2025. 21.02.2025 to 07.03.2025 to solemnize his marriage 21.02.2025 to 07.03.2025 to solemnize his marriage TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document CRWP-12323-2024 2024 (O&M) -2- 3. Learned Senior counsel for the petitioner contends that with the Learned Senior counsel for the petitioner contends that with the Learned Senior counsel for the petitioner contends that with the Learned Senior counsel for the petitioner contends that with the marriage is consent of both the parties i.e. the victim as well as the petitioner, their marriage is consent of both the parties i.e. the victim as well as the petitioner, consent of both the parties i.e. the victim as well as the petitioner, to be solemnized on 25.02.2025, therefore, now to be solemnized on 25.02.2025, therefore, .2025 now he seeks parole from 21.02.2025 to 07.03.2025. 4. Learned State counsel has placed on record reply/status report dat Learned State counsel has placed on record reply Learned State counsel has placed on record reply ted filed by way of affidavit of Devi Dayal Superintendent, District Jail 07.02.2025 filed by way of affidavit of Devi Dayal Superintendent, District Jail filed by way of affidavit of Devi Dayal Superintendent, District Jail filed by way of affidavit of Devi Dayal Superintendent, District Jail Bhiwani. Relevant portion of the same is reproduced as under:- Bhiwani. Relevant portion of the same is reproduced as under: Bhiwani. Relevant portion of the same is reproduced as under: “Preliminary Submissions: Preliminary Submissions:- 2. petitioner/convict Anand S/o Satbir Singh resident of That, petitioner/convict Anand S/o Satbir Singh resident of petitioner/convict Anand S/o Satbir Singh resident of Katesra, Police Station Kalanaur, District Rohtak, was convicted on Katesra, Police Station Kalanaur, District Rohtak, was convicted on Katesra, Police Station Kalanaur, District Rohtak, was convicted on Katesra, Police Station Kalanaur, District Rohtak, was convicted on
Legal Reasoning
Additional Sessions 04.08.2022 by the learned Court of Ms. Sonika, Additional Sessions 04.08.2022 by the learned Court of Ms. Sonika 04.08.2022 by the learned Court of Ms. Sonika Judge, (Fast Track Special Court Under POCSO Act), Judge cum-Judge, (Fast Track Special Court Under POCSO Act), Judge, (Fast Track Special Court Under POCSO Act), Judge cum Bhiwani in case FIR No.42 dated 26.03.2019 U/s 376 Bhiwan C, 506 IPC & i in case FIR No.42 dated 26.03.2019 U/s 376-C, 506 IPC & (Conviction U/S 6 of POCSO Act and 506 Section-6 of POCSO Act.(Conviction U/S 6 of POCSO Act and 506 (Conviction U/S 6 of POCSO Act and 506 Section P.S. Women Bhiwani District Bhiwani and sentenced as under:- P.S. Women Bhiwani District Bhiwani and sentenced as under: IPC) P.S. Women Bhiwani District Bhiwani and sentenced as under: IPC) Sections Sentence Sections Fine Fine Sentence default in of payment of fine 6 6 of of Rigorous 50,000/ 000/- Simple POCSO POCSO Imprisonment Act Act for Life Imprisonment for a period of one year 506 IPC Rigorous 506 IPC 5,000/ 000/- Simple Imprisonment for three years imprisonment for a period of one month TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document CRWP-12323-2024 2024 (O&M) -3- Note:- Imprisonment of life means imprisonment for the Note: remainder Imprisonment of life means imprisonment for the remainder of natural life of the accused. of natural life of the accused. 3. That the petitioner/convict has undergone actual imprisonment That the petitioner/convict has undergone actual imprisonment That the petitioner/convict has undergone actual imprisonment of 03 years, 10 months & 24 days including undertrial period of 01 of 03 years, 10 months & 24 days including undertrial period of 01 of 03 years, 10 months & 24 days including undertrial period of 01 of 03 years, 10 months & 24 days including undertrial period of 01 year, 04 months & 20 days as on 07.02.2025, the details of custody year, 04 months & 20 days as on 07.02.2025, the details of custody year, 04 months & 20 days as on 07.02.2025, the details of custody year, 04 months & 20 days as on 07.02.2025, the details of custody ne by the petitioner/convict as on 07.02.2025 is as period undergone by the petitioner/convict as on 07.02.2025 is as ne by the petitioner/convict as on 07.02.2025 is as period undergo under:- under: Sr.No. Particulars Sr.No. Period Years Days Months Days 1. Undertrial 27/03/2019 to 14/08/2020 27/03/2019 to 14/08/2020 01 04 20 20 Period 02/08/2022 to 03/08/2022 02/08/2022 to 03/08/2022 2. Conviction 04/08/2022 to 07/02/2025 04/08/2022 to 07/02/2025 02 06 04 04 Period 3. 4. Total Sentence undergone Parole & NIL 03 00 10 00 24 24 00 00 absent From parole(-) 5. Interim Bail NIL 00 00 00 00 (-) 6. Actual Sentence undergone 03 10 24 24 4. That That That the petitioner/convict has been convicted having the petitioner/convict has been convicted having the petitioner/convict has been convicted having girl below the age of committed the rape with a deaf and dumb child girl below the age of committed the rape with a deaf and dumb child committed the rape with a deaf and dumb child sixteen years repeatedly, hence, falls under the category of “Hardcore sixteen years repeatedly, hence, falls under the category of “Hardcore sixteen years repeatedly, hence, falls under the category of “Hardcore sixteen years repeatedly, hence, falls under the category of “Hardcore Prisoner” as per law envisaged under Section 2(1)(g)(i)(6) of Haryana Prisoner” as per law envisaged under Section 2(1)(g)(i)(6) of Haryana Prisoner” as per law envisaged under Section 2(1)(g)(i)(6) of Haryana Prisoner” as per law envisaged under Section 2(1)(g)(i)(6) of Haryana TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document CRWP-12323-2024 2024 (O&M) -4- Good Conduct Prisoners (Temporary Release) Act, 2022, which is Good Conduct Prisoners (Temporary Release) Act, 2022, which is Good Conduct Prisoners (Temporary Release) Act, 2022, which is Good Conduct Prisoners (Temporary Release) Act, 2022, which is reproduced as under:- reproduced as under: 2(1)(g) “hardcore convicted prisoner” means any prisoner, who 2(1)(g) --- “hardcore convicted prisoner” means any prisoner, who --- (i) rape or penetrative sexual assault or aggravated (6) “rape or penetrative sexual assault or aggravated rape or penetrative sexual assault or aggravated penetrative sexual assault or unnatural offence with a child penetrative sexual assault or unnatural offence with a child penetrative sexual assault or unnatural offence with a child below sixteen years of age” 5. r the That the petitioner/convict further categories under the That the petitioner/convict further categories unde category of Hardcore Prisoner as sentenced the imprisonment for the category of Hardcore Prisoner as sentenced the imprisonment for the category of Hardcore Prisoner as sentenced the imprisonment for the category of Hardcore Prisoner as sentenced the imprisonment for the remainder of natural life, hence further as per law contained under remainder of natural life, hence further as per law contained under remainder of natural life, hence further as per law contained under remainder of natural life, hence further as per law contained under Section 6 sub section (3) of the Haryana Good Conduct Prisoners Section 6 sub section (3) of the Haryana Good Conduct Prisoners Section 6 sub section (3) of the Haryana Good Conduct Prisoners Section 6 sub section (3) of the Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 which is reproduced as under:- (Temporary Release) Act, 2022 which is reproduced (Temporary Release) Act, 2022 which is reproduced “Provided that a hardcore convicted prisoner who has been 6(3) “Provided that a hardcore convicted prisoner who has been “Provided that a hardcore convicted prisoner who has been 6(3) sentenced for imprisonment till natural life shall be eligible for sentenced for imprisonment till natural life shall be eligible for sentenced for imprisonment till natural life shall be eligible for sentenced for imprisonment till natural life shall be eligible for emergency parole or regular parole at par with convicted prisoners emergency parole or regular parole at par with convicted prisoners emergency parole or regular parole at par with convicted prisoners emergency parole or regular parole at par with convicted prisoners ment after only after completion of seven years of imprisonment after only after completion of seven years of imprison only after completion of seven years of imprison conviction” conviction” Therefore, the petitioner/convict has only completed 02 years 06 Therefore, the petitioner/convict has only completed 02 years 06 Therefore, the petitioner/convict has only completed 02 years 06 Therefore, the petitioner/convict has only completed 02 years 06 months & 04 days after conviction, and has not completed requisite months & 04 days after conviction, and has not completed requisite months & 04 days after conviction, and has not completed requisite months & 04 days after conviction, and has not completed requisite 07 years imprisonment after conviction, hence not eligible for any 07 years imprisonment after conviction, hence not eligible for any 07 years imprisonment after conviction, hence not eligible for any 07 years imprisonment after conviction, hence not eligible for any r law envisaged under the Haryana kind of parole at this stage as per law envisaged under the Haryana r law envisaged under the Haryana kind of parole at this stage as pe (Copy of Good Conduct Prisoners (Temporary Release) Act, 2022. (Copy of Good Conduct Prisoners (Temporary Release) Act, 2022. Good Conduct Prisoners (Temporary Release) Act, 2022. Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 Haryana Good Conduct Prisoners (Temporary Release) Act, 2022 is annexed as Annexure R-1). is annexed as Annexure R TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document CRWP-12323-2024 2024 (O&M) -5- 6. That earlier, father of the petitioner/convict, applied for grant That earlier, father of the petitioner/convict, applied for grant That earlier, father of the petitioner/convict, applied for grant of 30 days parole to the petitioner/convict to perform the marriage of 30 days parole to the petitioner/convict to perform the marriage of 30 days parole to the petitioner/convict to perform the marriage of 30 days parole to the petitioner/convict to perform the marriage with victim of this case was duly acknowledged vide this office Endst. with victim of this case was duly acknowledged vide this office Endst. with victim of this case was duly acknowledged vide this office Endst. with victim of this case was duly acknowledged vide this office Endst. No.12462 dated 20.12.2024 after going through record found that the No.12462 dated 20.12.2024 after going through record found that the No.12462 dated 20.12.2024 after going through record found that the No.12462 dated 20.12.2024 after going through record found that the ardcore Prisoner, petitioner/convict falls under the category of Hardcore Prisoner, petitioner/convict falls under the category of H petitioner/convict falls under the category of H being not found eligible for any kind of parole and a copy of the same being not found eligible for any kind of parole and a copy of the same being not found eligible for any kind of parole and a copy of the same being not found eligible for any kind of parole and a copy of the same was communicated to Sh. Satbir, father of the petitioner/convict with was communicated to Sh. Satbir, father of the petitioner/convict with was communicated to Sh. Satbir, father of the petitioner/convict with was communicated to Sh. Satbir, father of the petitioner/convict with reference to his application made for grant of parole to the reference to his application made for grant of parole to the reference to his application made for grant of parole to the reference to his application made for grant of parole to the Hon’ble High Court oder petitioner/convict in compliance of this Hon’ble High Court oder petitioner/convict in compliance of petitioner/convict in compliance of dated 24.10.2019 passed in CRWP No.30806 of 2019 titled as dated 24.10.2019 passed in CRWP No.30806 of 2019 titled as dated 24.10.2019 passed in CRWP No.30806 of 2019 titled as dated 24.10.2019 passed in CRWP No.30806 of 2019 titled as Nirmal Singh versus State of Haryana and Others in which Nirmal Singh versus State of Haryana and Others in which Nirmal Singh versus State of Haryana and Others in which Nirmal Singh versus State of Haryana and Others in which Hon’ble Court deemed fit to say that “the Jail Superintendents can Hon’ble Court deemed fit to say that “the Jail Superintendents can Hon’ble Court deemed fit to say that “the Jail Superintendents can Hon’ble Court deemed fit to say that “the Jail Superintendents can jection to the convict consider communicating brief reason/s for rejection to the convict consider communicating brief reason/s for re consider communicating brief reason/s for re and his/her acknowledgement taken so that this Court can insist at and his/her acknowledgement taken so that this Court can insist at and his/her acknowledgement taken so that this Court can insist at and his/her acknowledgement taken so that this Court can insist at the first hearing production of that reason failing which the convict the first hearing production of that reason failing which the convict the first hearing production of that reason failing which the convict the first hearing production of that reason failing which the convict may have to face the consequences in case he has not brought out may have to face the consequences in case he has not brought out may have to face the consequences in case he has not brought out may have to face the consequences in case he has not brought out he speaking order forwarded to the true and full facts” (Copy of the speaking order forwarded to the he speaking order forwarded to the true and full facts” father of the petitioner/convict is annexed as Annexure R-2). father of the petitioner/convict is annexed as Annexure R father of the petitioner/convict is annexed as Annexure R 7. That the facts of the marriage of the petitioner/convict has That the facts of the marriage of the petitioner/convict has That the facts of the marriage of the petitioner/convict has Police Station Sadar been got verified through Station House Officer, Police Station Sadar been got verified through Station House Officer been got verified through Station House Officer Bhiwani and as per verification report submitted by him stated that Bhiwani and as per verification report submitted by him stated that Bhiwani and as per verification report submitted by him stated that Bhiwani and as per verification report submitted by him stated that “marriage of the victim has been got verified by SI Anil Kumar, “marriage of the victim has been got verified by SI Anil Kumar, “marriage of the victim has been got verified by SI Anil Kumar, “marriage of the victim has been got verified by SI Anil Kumar, Incharge, Chowki Gujrani by reaching the house of the victim and Incharge, Chowki Gujrani by reaching the house of the victim and Incharge, Chowki Gujrani by reaching the house of the victim and Incharge, Chowki Gujrani by reaching the house of the victim and Rajna wife of Kaluram resident the statement of the victim’s mother Rajna wife of Kaluram resident the statement of the victim’s mother the statement of the victim’s mother TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document CRWP-12323-2024 2024 (O&M) -6- of Chang has been recorded. In her statement, she stated that her of Chang has been recorded. In her statement, she stated that her of Chang has been recorded. In her statement, she stated that her of Chang has been recorded. In her statement, she stated that her daughter, the victim who is deaf and dumb and is incapable of daughter, the victim who is deaf and dumb and is incapable of daughter, the victim who is deaf and dumb and is incapable of daughter, the victim who is deaf and dumb and is incapable of reading, writing, hearing and understanding anything and whenever reading, writing, hearing and understanding anything and whenever reading, writing, hearing and understanding anything and whenever reading, writing, hearing and understanding anything and whenever f Katesra District Rohtak, comes out of Anand son of Satbir resident of Katesra District Rohtak, comes out of f Katesra District Rohtak, comes out of Anand son of Satbir resident o jail and keeps my daughter well & good in Bhiwani, then I will jail and keeps my daughter well & good in Bhiwani, then I will jail and keeps my daughter well & good in Bhiwani, then I will jail and keeps my daughter well & good in Bhiwani, then I will (Copy of the perform the marriage of my daughter with Anand.” (Copy of the perform the marriage of my daughter with Anand.” perform the marriage of my daughter with Anand.” verification report alongwith statement of the victim’s mother in verification report alongwith statement of the victim’s mother in verification report alongwith statement of the victim’s mother in verification report alongwith statement of the victim’s mother in vernacular is annexed as Annexure R vernacular is annexed as 3 & true translation in Annexure R-3 & true translation in English is annexed as Annexure R-3/T). English is annexed as Annexure R English is annexed as Annexure R 5. A perusal of the above shows that the petitioner is not entitled to A perusal of the above shows that the petitioner is not entitled to A perusal of the above shows that the petitioner is not entitled to A perusal of the above shows that the petitioner is not entitled to parole as per Section 2(1)(g)(i) (6) of Haryana Good Conduct Prisoners parole as per Section 2(1)(g)(i) (6) of Haryana Good Conduct Prisoners parole as per Section 2(1)(g)(i) (6) of Haryana Good Conduct Prisoners parole as per Section 2(1)(g)(i) (6) of Haryana Good Conduct Prisoners (Temporary Release) Act, 2022. (Temporary Release) Act, 2022. 6. Further a perusal of para 7 referred to above shows that the mother of Further a perusal of para 7 referred to above shows that the mother of Further a perusal of para 7 referred to above shows that the mother of Further a perusal of para 7 referred to above shows that the mother of the victim has specifically given a statement that since the victim is deaf and the victim has specifically given a statement that since the victim is deaf and the victim has specifically given a statement that since the victim is deaf and the victim has specifically given a statement that since the victim is deaf and and is incapable of reading, writing, hearing and understanding anything, dumb and is incapable of reading, writing, hearing and understanding anything and is incapable of reading, writing, hearing and understanding anything and is incapable of reading, writing, hearing and understanding anything oner would come out of the jail and she would be therefore, whenever petitioner would come out of the jail and she would be oner would come out of the jail and she would be therefore, whenever petiti satisfied that he would keep her daughter happy and in good condition after satisfied that he would keep her daughter happy and in good condition after satisfied that he would keep her daughter happy and in good condition after satisfied that he would keep her daughter happy and in good condition after marriage, then she would perform marriage of her daughter with the petitioner. marriage, then she would perform marriage of her daughter with the petitioner. marriage, then she would perform marriage of her daughter with the petitioner. 7.
Decision
role to the petitioner In view of the above, no ground for granting parole to the petitioner In view of the above, no ground for granting pa In view of the above, no ground for granting pa is dismissed. is made out and the present petition is dismissed. is made out and the present petition 8. Pending applications, if any, also stand disposed off. Pending applications, if any, also stand disposed off. Pending applications, if any, also stand disposed off. February 10, 2025 February 10, 2025 tripti SUDEEPTI SHARMA) (SUDEEPTI SHARMA JUDGE Whether speaking/non-speaking : Speaking Speaking Whether speaking/non es/No : Yes/No Whether reportable Whether reportable TRIPTI SAINI 2025.02.11 16:06 I attest to the accuracy and integrity of this document